Terms and Conditions

Welcome to Sunwayfoto Australia (Pixel One) (“we/us”). These are the terms and conditions on which we are willing to trade with you.

Please read our terms and conditions carefully. You are consenting to be bound by these terms and conditions if you proceed to access and use this service.

You acknowledge and agree that:

Your Details

1. You are required to provide us with details about yourself which are true, correct and current.

Price & Payment

2. If you provide us with your credit card details, these details are true, correct and current.

3. The price and description of the product you may offer to purchase from us (“our product”) is described on our website. We may change our product and prices at any time without prior notice. Any description of our product including any specifications, illustrations, drawings, data, dimensions and weights is approximate and is given by way of identification only. The use of that description does not constitute a sale by description and does not form part of our contract with you unless we say so in writing. You are responsible for ensuring that the product ordered is suitable for its intended use by you and we are not liable to you for any product you order which is unsuitable for your intended use.

4. Our prices are shown inclusive of GST. We will give you a tax invoice.

5. When you purchase our product, we will charge your Paypal Account or credit card with the purchase price of our product.

6. The cost of delivering our product to you is free for any Sunwayfoto order over $49.

Delivery

7. Delivery takes place at the time our product passes into your or your agent’s exclusive physical control, when you collect the product or arrange for their collection from us or when ownership of our product has passed to you, whichever is earlier. Unless we make other arrangements with you, our product is delivered direct (by courier, registered mail or express post) to the address nominated by you at the time you applied to purchase our product. Any date for delivery of our product indicated by us is an estimated date for delivery only. We are under no liability for any loss or damage, however it arises, if the product is not delivered by that date.

Risk

8. At all times from the date of delivery, our product is at your risk of loss or damage and you are responsible for its safe custody.

Replacement or Money Back

9. When you take delivery of our product, you must inspect it immediately. You must report to us in writing any damage or incorrect supply which must be received by us within 7 days of deliery otherwise we may refuse any claim you make. If our product is damaged or “dead on arrival” when we deliver it to you we may accept its return and replace it with an equivalent product or credit you with the price paid, at our option. We will accept the return of our product if the product is not in accordance with your order, your proof of purchase is returned, and it is returned to us in its original condition within 7 days of delivery. We may charge you a handling or re-stocking fee of up to 20% for any product which we have correctly supplied to order but you wish to return and we have agreed to the return of the product. You agree that you shall make no claim against us for any delay in delivery or any damaged product delivered to you as a direct or indirect result of events beyond our control.

If any item/s is returned to us by post for manufacturer defects and the claim is subsequently found to be false or wrong, postage for the return of goods shall be borne by the customer and must be paid for before the item/s is returned.

Title

10. You do not own any of our product in your possession until all of our product you have purchased from us at any time and all other amounts owing by you to us have been paid for in full. Until you have given us full payment, you promise to store and deal with our product in a way that it is clearly identifiable as outs. You grant us an irrevocable licence to enter your premises on any business day to inspect our product in your possession and your books or records regarding our product.

Limitation of Liability

11. Subject to any rights imposed by law that cannot be limited or excluded:

All warranties or conditions implied by law are excluded.

If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.

No claim will be admitted if the product has received maltreatment, inattention or interference or the product has not been used in accordance with any performance ratings or care instructions.

In no circumstances are we liable for special, indirect or consequential loss including any loss of profit or of contact, even if you advise us of any special circumstances or such loss was reasonably foreseeable.

General

12. These terms and conditions are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.

13. These terms and conditions form your entire agreement with us and all or any previous agreements or undertakings we may have had with you are superseded by these terms and conditions. We may update these terms and conditions at any time without notice to you. All transactions thereafter will be subject to the updated terms and conditions. If you continue to purchase our product after the date such updates become effective you will be deemed to have agreed to the updated terms and conditions.

• In most instances pertaining to pre-orders, the new products are usually being released in batches and/or limited quantity. • All pre-orders are filled in the order they are received. • All payments made for pre-orders will be processed upon placement and receipt of the order. • In the unlikely event we are unable to fulfill a pre-order within 45 working days from the date of your order, we will issue a full refund if requested.

Fraud Protection Policy

15. For your protection, orders are subject to our verification procedure. You may be asked to verify that you are the card owner, or that the order information is legitimate. This may include a request for a copy of your credit card (front and back), which can be transmitted by fax or email.

Should your order require verification, you will be notified by phone or email.

We reserves the right to refuse an order when the address or credit card is not verifiable. If so, a refund will be issued via the same method you used to make your payment.

14 Days Return Policy

16. If your product is faulty with a manufacturer’s defect, you can return them to us for replacement or refund during the first 14 Days from delivery of order.

Order Cancellation

17. Cancellation of orders already put through and paid for is not allowed. In the unlikely event that you require an order to be cancelled due to an unforeseen circumstance, please contact us in writing explaining the reason for the cancellation. We will send a written confirmation if we agree with the cancellation request. A 5% to 20% handling fee may be levied and deducted from the amount to be refunded, excluding freight charges, after goods are returned to us. Please allow 2-3 business days for the refunds to be processed.

Returns

18. Under Australian Consumer Law, we are not obliged to accept returns for “incorrect choice” or “change of mind” so please choose your products carefully. In special cases we may agree to exchange incorrectly ordered items that are still in brand new condition including the packaging (If an exchange is approved a 10-20% restocking fee will apply). Any freight and insurance costs to return the item to us are at your expense. This includes the liability for any lost freight – send via registered post.

Online General Terms of Use

Welcome to Sunwayfoto Australia (Pixel One). This service (which includes our website at www.sunwayfoto.com.au) is provided to you on the following terms of use which may be updated by Sunwayfoto Australia (“we/us”) from time to time without notice to you.

Please read our terms of use carefully. You are consenting to be bound by these terms of use if you continue to access and use this service.

Whilst information provided through this service is believed to be correct at the time of inclusion, this service and its contents are provided to you on an “as is” and “as available” basis. You accept that we make no warranties or representations, express or implied, in relation to this service or its contents. You will not store, reproduce, modify, transmit, display, perform, distribute, communicate to the public or otherwise make available this service or any of its content in any form for any purpose other than your own personal use. You will not interfere with or disrupt the operation of this service or its contents.

Subject to any rights imposed by law that cannot be limited or excluded:

All warranties or conditions implied by law are excluded.

If implied warranties or conditions cannot be excluded, but limitation is permitted, our liability is limited to, in relation to goods, a refund of the purchase price actually paid, the replacement of the damaged product or the supply of equivalent product at our absolute discretion and, in the case of services, the supply of the services again or the payment of the cost of having the service supplied again.

No claim will be admitted if the product has received maltreatment, inattention or interference or the product has not been used in accordance with any performance ratings or care instructions.

In no circumstances are we liable for special, indirect or consequential loss or damage of any kind including any loss of profit or of contract, even if you advise us of any special circumstances or such loss was reasonably foreseeable. This includes, but is not limited to, the transmission of any computer viruses or anything else (such as worms or trojan horses) that may interfere with or damage the operation of your computer system.

The information on this website is liable to change and although we attempt to ensure that the content is current we do not guarantee its currency.

In some cases, the laws of your location may apply to your online dealings with us and you may have additional legal rights. We always recommend that you seek local law advice if you have a complaint about us, however, we suggest that you speak to us first – that way you can see if we can resolve any complaint you may have.

This service may contain links to other independent third party sites which you accept are not under our control, responsibility, liability, endorsement or sponsorship and your use of such links is at your own risk.

This service and its contents are protected by copyright and other intellectual property rights which are and will at all times remain owned, controlled or licensed by or to us and you are not entitled to exercise or benefit from such rights.

Certain information that you provide to us about yourself is subject to our Privacy Policy which you can see here – Privacy Policy.

If you use any third party sites which our service may contain links to, we are not responsible for and cannot guarantee the privacy practices of such third party sites.

If you visit our website, we may place a cookie on your machine (if you accept cookies). Cookies that are used in any part of our website will not be utilised for collecting personally identifiable information and will only be used for internal management purposes.

These terms of use are governed by, and you agree to submit to, the laws applicable in the State of New South Wales, Australia.